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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-697 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October25,2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-089.29, being developed by',Windemere BLC Land' Company, LLC, .San Ramon(Dougherty Valley) area. (District III)' The following document was presented for Board approval'this date for Subdivision 05- 08929, located in the San Ramon(Dougherty Valley) area. A'Subdivision; Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, ',whereby said developer agrees to complete all improvements as required in said Subdivision:Agreement (Right of Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said documentwas accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,700.00 Deposit made by: Windemere BLC Land Company, LLC' Auditor's Deposit Permit No. and Date': 448563 July 25,2005 EH:rm I hereby certify that this is a true and correct copy of an G:\Grpbata\EngSvc\BO\2005\10-25\SD 05-09929 so-16.doc action taken and entered on the minutes of the Board of Originator: 'Public Works(ES) Contact: Teri Ric(313-2363) Supervisors on the gate shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-July 13,2007(Pl) ATTESTED47',�r,�r Windemere BLC land Company,LLC 6121 Bollinger canyon Road,Ste 500 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon;CA 94583 County Administrator Attn:Lawrence H.Thompson Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Rachelle Rhealt By z ,Deputy RESOLUTION NO.2005/ ��� SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08929, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: October 25,2005 PAGE: 2 II. Surety Bond Band Company: Fidelity and Deposit Company of Maryland Band Number and Date: 08821651 July 13, 2005 Performance Amount: $165,600.00 Labor&Materials Amount':: $83,650.04 Principal: Windemere BLC LandCompany,LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Cade§66462 and§66463) Subdivision: SUB 05-08929 Effective tate: -0 " � Subdivider, Windemere'BLC Lend Company.LW Cnmpfetion Periost: 2 year, WINDEMERE BLC LAND COMPANY,LLC THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company By:LEN-0115 QVifidemere,°LLC, CONTRA COSTA COUNTY SUBDJVIDER,A Dtlaware limited liabilitycompany Mana 'ng Member Maurice M.Shiu, Public Works Director y:Le ar Flom ofCal,a ia,lri nagi , M r (Si By (print name& tle) ul maker,Ass s cretary RECOMMENDED FOR APPROVAL: pAe By: (signature) Engineering Service Divi i n (print naive'&title) on Larson,Vice President FORM APPROVED.' Victor J.Westman,CountyGounsel (NOTE:All signatures to be acknowledged.If Subdivideris incorporated', signatures must conforrri with the designated representative groups pursuant to CorporationsCode§313.) 1. PARTI E5& ATE. Effective on the above date,the City of County of Contra C��sta,California,hereinafter sailed"Coon and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS: Subdivider agrees to install certain road improvements(both publ€c and private),drainage Improvements, signs, street Ilghts,fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the improvement p'Ians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and Improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and.following),In a good workmanlike manner,in accordance with accepted construction practices and In a manner equal or superior to the requirements of time County Ordinance Code and rulings made thereunder, and where there Is a conftict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SEOURITY., Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County rdinancg Cnida,provide as security to the County: A. For Performance and Guarantee: $ 1.700.00 cash, plus additional securi ,in the amount of $ 165.600.0€} which.together total one hundred percent(100°!4)of the estimated cost of the work. Such additionaIsecurity IS presented In the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 83,Fj50.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipmentor furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Hoard of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.4136 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,'repair,or replace,at his expense, any defects In said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted Into the County road system. 5. P ANT ESTABLISHMENT WORK. 'Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant,establishment work shall consist of adequately watering,plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPRbVEMEN)_PLAN WARRANTY. Subdivider warrants the Improvement plans for the work are adequate to accompplish the work as promised n Section 2 and as required by theCondi#ions of Approval for the Subdivision. if,at any time before the Card of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prays to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. inspection of the work and/or materials,or approval of work and/or materials or Statement by any officer, agent or em loyee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whale or any part of said work andfor materials,or payments,therefor,or any combinailio or all of these acts,',shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. i3. INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,.property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any sult(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causina liability are any act oromission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more;of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has,prepared,supplied,or approved any plans)or specifications)in connection with this work or subdivision,'or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent t►r willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including Inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shal€set and establish survey monuments in accordance with the filed snap and;to the satisfaction of the County'Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement,and subsequent extensions, or falls to maintain the work,the County may proceed to complete andfor maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to.entry on the subdivision property by the County arid its forces,including contractors,in the event the' County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the works,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County In connection therewith,evert if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/AN NEXATION. If,before the Board'of Supervisors accepts the work as complete,the subdivision Is Included In territory incorporated as;a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficlary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. ikw.lap C3:IGcpDat,MSvc\FcrmslAG wORMAG•30A.doc Rev.h�y'18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 8, 2005 before me, Karen L. Keenan.Notary Public,personally appeared Don Larson&Paul J Menaker,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledgedto me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons, or the entity upon'behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. IALmAIWA KAM L.KEENM Corrrrrrion 8 1378827 Notary R"c -Calfornfa Signature cif Notary blic Contra Costa County V� ,MvComm.E"esOct 7.2006 PO _PIUV :. OFFICE OF COUNTY AUDITOR-CONTROLLER,- TO THE 1"RER MARTINEZ,CALIFORNIA RECEIVED fOM ORGANIZATION NUMSEi tai (far Cash Collection Procedures see County Administr 's Bulletin 105.), DESCRIPTION FUNDJORG. SUB. TASK OPTION ACTIVITY AMOUNT $ t° I t t I t 1 1 1 t 1 L 1 1 i 1 1 i 1 I t I EXPLANATION: TOTAL ss $ t DEPOSIT t Deposit consists of the following sterns COIN and CURRENCY $ CHECKS,MD,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITPERMIT DP- , NUMBER DATE 4 L ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. k J Signed: `��� `�`�:�� _, � '�"° Signed: Titled EXT. #= Deputy County Auditor Deputy County Treasurer 34 REV.(7-93) t' 0649-9665 1112300, G1161389, $1,400.00, Drainage Permit 409-05, Cash Deposit, Oskar G. Sundstrom, 5316 Sobrante Ave., EI Sabrante, CA 94803 0649-9665 / 112300, 61161390, $500.00, FS 3024, Record of Survey Deposit, Carlson Barbee A Gibson, Inc., 6111 Bollinger Canyon Rd., #150, San Ramon, CA 94583 519800-0800, G1161371, 11,0", RA05-01198, Performance Cash Bond, Windemere BLC Land Company,"LLC, 6121 °Bollinger Canyon'Rd., Suite 500, San Ramon, CA 94583 8198010-0800, 61161375 $25.800.00,RA-04-01174, Performance Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon -Rd., Suite 500, San Ramon, CA 94583 8198010-0800, 61161377, $3_.800.00, RA 04-01174, Performance Cash Bond, Windemere 'BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,' San Ramon, CA 94583 819800-0800, G1161379 $1.200.00, Sub 05-08927, , Performance =.Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161381, $1 .200.00, Sub 05-08928, Performance ' Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon>>Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161383, $1,700.00,, Sub 05-08929, Performance 'Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon=Rd., ,Suite 500, San Ramon, CA 94583 0648-9140 / 112200: 61188818, City of Brentwood, 708 Third St. Brentwood, CA $76.911.60, BW DA 105 S.R. $155;763.40, BW DA 104 S.R. 0649-9665 / 112300, G1161370, $9.600.00, RA 05-01198, Read Acceptance" Inspection Fee Deposit, Windemere KC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Sun Ramon, CA 94583' 0649-9665 / 112300, &1161373,$119,500.00, RA 04-01174, Road Acceptance Inspection Fee Deposit, Windemere BLCLand Company,' LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161376, $20500.00, RA 04-01174, Landscape Improvement Inspection Fee, Windemere 'BLC Land Company, LLC, 6121" Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161378,$9,100.00, Sub 05-08927, Landscape Improvement Inspection Fee, Windemere 'BLC 'Land Company, 'LLC, 6121 Bollinger Canyon Rd., Suite 500, Stn Ramon, CA 94583 0649-9665 / 112300, 61161380, $8:600.00, Sub 05-0898 Landscape Improvement Inspection Fee, Windemere 'BLC Land Company,' LLC, 6121': Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 " 0649-9665 / 112300,' 61161382,$11,000.00, Sub 05-08929 Landscape Improvement Inspection Fee, Windemere .BLC Land Company, ;LLC,` 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1161384, $9,778.00, RA 05-01193, Road' Improvement Plan Review, Shapel! Industries of Northern California, A Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300, G1161385, $9,658.00, SD 78-04990, Inspection Deposit, Mariner Estates, LLC, 222 Rush Landing Rd., Novato, CA 94945 EXECUTED IN DUPLICATE Subdivisi€n. SUB 05»08929 �'arztd Na.w f�8621651 Pr.omium: $1,'573.00 IMPROVENMNT'SECURITY ROND' FOR PUBLIC RIGHT or WAy L'tnSCAPE AGE NT (Performazice, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITA ©F S110DIVMN AG1tEf_t f_NT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other related,improvements in Subdivision #35-t 6929 as specified in the Subdivision Agreement,(RighT of Way Landscaping), and to complete said wont within the time specified for;completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and locallaws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. ORLIGA-TUON: Windem ere BLC.Land C6=any LLC ,as Principal,and Fidelity and Deposit Company of Maryland , a corporation organized existing tinder the laws of the State of_ Maryland , and authorized to transact surety business in California, as Surety, hereby jointly and.severally bind Ourselves. our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it. A. Performance. and Guarantee: fine Hundred Sig Five Sus'Ind Six Hundred and ©flll'OU Dollars($ 165.6Uf?._Q� 1 for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment. Ei t fihree fihousnd Six Hun e an 00tl0(1 Dollars($ 3s650 C1U ) to secure the Claims to which reference is made in Title XV(commencing with Section 3082)of Pan 4 of Division M of the Civil Code ofthe State of California. 3. CONDITION: A. The Condition,of this obligation as to Section?.(A.) above''is such that if The above 'bounded Principal,his or its heirs,executors,,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perforin the covenants, conditions and provisions: n the said agreement and any alteration thereof made as therein provided,on is or its parr,to :iand performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, a.rid shall indemnify and save hamnless the County,of Contra Costa (or city assignee),its cifficers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As parrt of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including,reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(13) above is such that said Principal'and the undersigned as corporate surety are held firmly bound unto the County of Contra Costal and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred:to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same'in an amount not exceeding the amount herein above set forth,-.and also in case suit is brought upon this bond, will pkat', in addition to the fact amount thereof,' costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered'. It is hereby expressly stipulated and agreed that this band shall inure to the'benef€t of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 ofthe Civil Cade,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect., C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond;and consent is he given to make such alteration without further notice to or consent by Surety,and the Surety hereby waives the provisions of California'Civil Code Section 2819,and holds iiselfbound without regard- tQ and independently of any action against Principal whenever taken. SIGNED;AND SEALED on, 7u1 Fidelity and Deposit Company PRINCIPALSee attached signature block SURETY: of Maryland Address: 6121 Bollinger Canyon Rd. , Ste. 500 Address: 801 N Brand Blvd. . Penthouse-'Suite City: San Ramon, CZip. 94583 City: Glenda emsP 70 A $y By: Print Name: Print Name: Rochelle Rheault Title: Title: ., A „ V T '_ c iiPwStASHAliC1A'tA1GrpLlere�igS'+,r+runilylBN WtlRI}$N•12ti dt3r WINDEMERE RLC LAND COMPANY LLC.,a California limited liability company By: LEN-OBS WINDEMERE,',LLC.,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,-a California Corporation,its Managing Member B- —Z—Z;ce. i en'-11 Thompson,Vice resident By: b� " Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 14, 2005 before me, Dina Printy, Notary Public, personally appeared Lawrence H. Thompson and Dee Batter, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.' Witness my hand and official seal DINs PRtNN Commission# 145361[1 : wa; Notary Public-caiitomia oronge county My Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons''relying on the document and couldprevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Lawrence H. Thompson-Vice President Lennar Homes of California Inc. Dee Baker-Assistant. Secretary Lennar tomes of California Inc. DESCR PTQN'OF ATTACHED DOCUMENT Type of Document: 'Surety Band No. 08821651 Number of Pages: Three (3) Date of Document: July 13, 2005 Signers (other than those named above):Rachelle Rheault CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange — On July 13 2005 before me, Rosa Estela Rivas,Notary Pubhe DATE NAME,TITLE OF OFFICER'-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rachelle Rheault NAME(S)OF SIGNERtS) personally known to me-OR- M proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ESTELA DIVAS �447 LiC CALIFORNIA COMM.# 1447661 I A NOTARY PuBLic CALIFORNIA Y ORANGE COUNTY WITNESS my hand and official seaL M"'comm. '7 expGres C)ct.28 00 �2 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATtON-8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGER.S,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article U1,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect ou the date hereof d s ate,constitute and appoint Rach+elle RHEAULT,of Irvine,California, its true andlawfu make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan ,s on said Company,as fully and amply,to all intents and purposes,as if xe ged by the regularly'elected officers of the Company at its office in Ba r& it The said Assistant a re t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,caf the By s ' d' ow in force. IN WITNESS W e said Vice-President and Assistant Secretary'have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of May, A.D.2004. ATTEST. FIDELITY AND'DEPOSIT COMPANY OF MARYLAND Ate00 aa�i W MOIL � By: T.E.Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland ss City ofBaltimore On this 24th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. 'SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. 3-4ZZN Dennis R Hayden Notary Puhlic My Commission Expires: February 1,2005 POA-F 012-50306 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,;to appoint Resident Vice-Presidents, Assistant`'Vice-Presidentsand Attorneys-in-Fact as the business of the Company;may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,recog:nzances stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in fall force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT'COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or reproduced signature of hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as(hough manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 13thday of July : , 2005 Assistant Secretory ; : . -, ZURICH THIS IMPORTANT RTANT DISCLOS RE NOTICE IS PARTOF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures'in compliance with The terrorism Risk Insurance Act of 2002. No action is required on your part: Disclosure of Terrarlsm Premium The pretniutrr charge for risk of loss resulting from,acts of terrorism(as defined in the Act)under this bond is $waived—. This amount is reflected in the total premium for this bond Disclosure of Availability of Coverasie for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting froin acts of terrorism(as defined in the Act)with tuns, amounts,and limitations that do not differ materially as those for losses arising from events other than,acts of terrorism. I3iselosare of Poderal Share oi`Insunce Comuanv's Terrorism I}asses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate;;deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year;for 2003,7%of direct earned premium in the prior year;for 2004, 10%of direct earned premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation:.in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorisru The Terrorism Risk.Insurance,Act defines "act of terrorism'as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attomey General of the United Staten I. to be ars act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United;States,or outside of the United States in the case of an air carrier (as defined in section 44102 of title 44,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person'or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond, Copyright Zurich American insurance Company 2003